Section 1080.40 Final Review

Section 1080

Section 1080.40  Final Review

a)         The Department's Office of Resource Conservation shall

coordinate and perform the review of the conservation plan and issue the

incidental take authorization pursuant to this Part.  The Department shall

complete its review of the conservation plan within 120 days after the first

publication of the notice required in Section 1080.20(b).  After reviewing the

conservation plan, the Department may authorize the incidental taking if the

Department finds that the taking will meet all of the following requirements:

1)         the taking will not be the purpose of, but will be only

incidental to, the carrying out of an otherwise lawful activity;

2)         the parties to the conservation plan will, to the maximum

extent practicable, minimize and mitigate the impact caused by the taking;

3)         the parties to the conservation plan will ensure that adequate

funding for the conservation plan will be provided as described in Section

1080.10(a)(2)(F);

4)         based on the best available scientific data, the Department

has determined that the taking will not reduce the likelihood of the survival

of the endangered species or threatened species in the wild within the State of

Illinois, the biotic community of which the species is a part, or the habitat

essential to the species' existence in Illinois;

5)         any additional measures, based upon the life history needs of

the species involved,  that the Department may require as necessary or

appropriate for the purposes of the conservation plan will be performed;

6)         the public has received notice of the availability of the

conservation plan and has had the opportunity to comment before the Department

made any decision regarding the authorization of incidental take; and

7)         the Department has sought the advice of  the Board and

provided written response to any Board comments regarding the issuance of

authorization for incidental taking and on the terms of any authorization to be

issue

availability of the

conservation plan and has had the opportunity to comment before the Department

made any decision regarding the authorization of incidental take; and

7)         the Department has sought the advice of  the Board and

provided written response to any Board comments regarding the issuance of

authorization for incidental taking and on the terms of any authorization to be

issued.

b)         If the Department finds that the conservation plan does not

meet the above requirements, the Department may require that a party to the

conservation plan make additional assurances or agree to additional terms and

conditions that the Department finds necessary to assure that the requirements

in subsections (a)(1) through (a)(6) will be met before authorizing incidental

taking. Requirements for inclusion of additional assurances in a conservation

plan shall be based on the life history needs of the species involved.  The

Department shall deny an authorization for incidental taking if the

conservation plan does not meet the requirements of subsection (a) and the

applicant refuses to accept the additional terms and conditions or refuses to

make additional assurances determined necessary by the Department.